FAIMADA BEGUM Vs. AKRAM PASHA

JUDGEMENT

(1.) The Appellant herein aggrieved by the order dated 30.8.2008 made in W.C. No. 65 of 2006 on the file of the Commissioner for Workmen Compensation and Assistant Commissioner of Labour-IV, Hyderabad, filed this appeal.

(2.) The brief facts of the case are as follows. The claimant is the wife of one Abdul Rehman @ Babu Miya (hereinafter referred to as 'deceased'). The deceased was working as a driver on the auto rickshaw bearing No. AP 10U 6897 belonged to the first Respondent. He was paid Rs. 3500 per month. On 7.4.2006 the deceased was driving the auto from morning to evening. While he was waiting for passengers in front of Allwyn factory, Sanathnagar at about 9.50 PM he developed chest pain and became unconscious in the auto due to restless driving and strain. The patrol mobile party of Sanathnagar found the deceased in unconscious state and shifted him to Vijaya Nursing Home, where the doctors declared him as brought dead. On the report given by one of the constables of the patrol mobile party, the police, Sanath Nagar, registered a case in Crime No. 105 of 2006. The auto was insured with the second Respondent-Insurance Company. Therefore, the Appellant claimed compensation of Rs. 4,00,000 contending that the Respondents 1 and 2 are jointly and severally liable to pay the compensation to her.

(3.) The first Respondent filed a counter denying the averments of the claimant that the deceased was employed under him and that the deceased died due to heart attack. It is his case that the deceased was driving the auto on hire basis. The second Respondent-Insurance Company also contested the matter and denied the averments of the claimant. It is also denied that the deceased was having valid driving license to drive the auto at the time of accident and the deceased died during the course of employment. It is also contended that the death of the deceased was natural and therefore the Insurance Company is not liable to indemnify the first Respondent.